Waikato RC 2 September 2013 – R 6
ID: JCA14355
Code:
Thoroughbred
Meet Title:
Waikato RC - 2 September 2013
Meet Chair:
ADooley
Race Date:
2013/09/02
Race Number:
R6
Decision:
As Mr Oliver admitted the breach I find the charge proved.
Penalty:
Accordingly, Mr Oliver was fined $150.
Charge:
Following race 6, Hotel Imperial 1350, an information was filed pursuant to Rule 638(3)(b). The Informant, Mr Coles alleged that Mr Oliver used his whip excessively prior to the 200 metres on his mount EN'JOYOUR LINDAUER.
Mr Oliver acknowledged that he understood the Rule and the nature of the charge.
Rule 638(3) (b) states: A Rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper.
Facts:
Mr Oatham demonstrated on the video films that Mr Oliver used his whip approximately 14 times prior to the 200 metres. He said Mr Oliver did pause once for 4 strides but not the required 6 strides.
Mr Oliver said that he did not realise he had struck his mount 14 times.
Mr Tyler advised that this breach may have been his fault. He said he informed Mr Oliver that EN'JOYOUR LINDAUER was a lazy horse which needed encouragement with the whip to progress forward.
Submissions for Penalty:
Mr Coles produced Mr Oliver's record which showed he had no previous breaches under this Rule. He submitted a fine in the range of $100 to $200 would be appropriate.
Mr Oliver did not wish to make any submissions on penalty.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Oliver's admission of the breach and his clear record under this Rule. The number of strikes (14) is assessed as low range and the severity is assessed as mid range.
I referred to the JCA listing of penalties for similar breaches which showed fines in the vicinity of $150.
After taking into account all the above factors I consider an appropriate penalty is $150 fine.
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 79ee53f9275f3effb508cdd612347c6a
informantnumber: A2775
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 01/09/2013
hearing_title: Waikato RC 2 September 2013 - R 6
charge:
Following race 6, Hotel Imperial 1350, an information was filed pursuant to Rule 638(3)(b). The Informant, Mr Coles alleged that Mr Oliver used his whip excessively prior to the 200 metres on his mount EN'JOYOUR LINDAUER.
Mr Oliver acknowledged that he understood the Rule and the nature of the charge.
Rule 638(3) (b) states: A Rider shall not strike a horse with a whip in a manner or to an extent which is unnecessary, excessive or improper.
facts:
Mr Oatham demonstrated on the video films that Mr Oliver used his whip approximately 14 times prior to the 200 metres. He said Mr Oliver did pause once for 4 strides but not the required 6 strides.
Mr Oliver said that he did not realise he had struck his mount 14 times.
Mr Tyler advised that this breach may have been his fault. He said he informed Mr Oliver that EN'JOYOUR LINDAUER was a lazy horse which needed encouragement with the whip to progress forward.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Oliver admitted the breach I find the charge proved.
sumissionsforpenalty:
Mr Coles produced Mr Oliver's record which showed he had no previous breaches under this Rule. He submitted a fine in the range of $100 to $200 would be appropriate.
Mr Oliver did not wish to make any submissions on penalty.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Oliver's admission of the breach and his clear record under this Rule. The number of strikes (14) is assessed as low range and the severity is assessed as mid range.
I referred to the JCA listing of penalties for similar breaches which showed fines in the vicinity of $150.
After taking into account all the above factors I consider an appropriate penalty is $150 fine.
penalty:
Accordingly, Mr Oliver was fined $150.
hearing_type: Hearing
Rules: 638(3)(b)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Mr J Oliver - Licensed Apprentice Jockey
Otherperson: Mr S Tyler - trainer assisting Mr Oliver, Mr J Oatham - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 5e8a4b9903f84365fc36bcb72451678b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 8cb7ae768e23be1f0a1aa9840daae224
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/09/2013
meet_title: Waikato RC - 2 September 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waikato-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: none
meet_pm2: none
name: Waikato RC